Claim infringing

[cbindu]

Hello,

I have a small doubt regarding claims.

If a set of genes are to be claimed in a single claim, in case if any one of the genes in that set is already existing as prior art, will I lose whole claim or otherwise what is the procedure?

I would be thankful for your support in this regard.

CB

[JimIvey]

Unless there's some special rule in chemical/life science claims, yes, it will invalidate the claim.

That which infringes if later, anticipates if earlier. -- I forget who said that first.

Regards.

[Jonathan]

Looks like it is from a court case from 1884!

Peters v. Active Mfg., 21 F. 319 (W.D.Ohio 1884)

http://www.patentlyo.com/patent/2008/04/that-which-infr.html

[JimIvey]

I've heard the quote attributed to Judge Learned Hand, but I'm not sure he said it first.

Incidentally, my law school had an intramural soccer team called Learned Feet.  I'm sure they weren't the first, last, or only.

Regards.